Absence Of Specific Maintenance Condition In Deed Does Not Bar Action U/S 23 Senior Citizens Act: Karnataka High Court
The Court dismissed a daughter’s plea against cancellation of father’s release deed; referred alleged cash payment to Income Tax department.
Justice Suraj Govindaraj, Karnataka High Court
The Karnataka High Court has held that an express condition requiring the releasee to maintain the releasor is not a prerequisite for invoking Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Where a senior citizen specifically pleads that the transfer was made on an understanding that the transferee would take care of him, the Court said, the Assistant Commissioner must examine that claim on the pleadings and surrounding circumstances.
The Court dismissed a writ petition by a daughter and her husband against the cancellation of a registered release deed executed by her 74-year-old father. It found the receipt and agreement of sale relied on by the petitioners doubtful and inconsistent, and directed the Registrar (Judicial) to forward the file to the Chief Commissioner, Income Tax, Karnataka, over the alleged cash payment of Rs 17,25,000.
A Bench of Justice Suraj Govindaraj observed, “…Section 23 of the Senior Citizens Act cannot be applied or excluded solely by looking at whether the document contains a specific clause requiring the transferee to maintain the transferor. Where the senior citizen specifically alleges that the transfer was made on the understanding that the transferee would provide for his needs, the Assistant Commissioner is required to examine that claim in the light of the pleadings and the surrounding circumstances. The absence of an express condition in the document does not, by itself, deprive the authority of jurisdiction to consider the application”.
Advocate Sachin B.S. appeared for the petitioners and Mohammed Jafar Shah, AGA appeared for the respondent.
The father had executed a registered release deed on January 09, 2025 in favour of his daughter, relinquishing his rights in agricultural land at Hunasekatte Village, Bhadravathi Taluk. He later sought its cancellation under Section 23 before the Assistant Commissioner, Shimoga Sub-Division. The daughter claimed the transaction was for consideration, relying on July 31, 2023 agreement of sale for Rs 17,25,000, a receipt dated August 01, 2023 and mutation entries in her name. The father denied signing the agreement or receipt and denied receiving any money.
The Assistant Commissioner allowed the father’s application by an order, corrected by a corrigendum of October 06, 2025. The petitioners challenged both orders in this writ petition.
On the first point, the Court followed Sri Venkataiah v. State of Karnataka W.P. No. 13313 of 2025 and distinguished between an express condition in a document and an understanding forming the basis of the transfer. It noted that the father’s wife had predeceased him, the sons had relinquished their rights in the property in his favour, and the land was an important source of support in old age. On the second point, the Court found the receipt doubtful because it dated August 01, 2023 referred to a Will of August 09, 2023, and because it recorded payment to the brothers, not the father. It also noted that the receipt and the agreement of sale contradicted each other on payment, and that the petitioners produced no material to show their financial means despite being asked.
The petition was dismissed, following RBANMS Educational Institution v. B. Gunashekar (2025 INSC 490), the Registrar (Judicial) was directed to forward the file to the Chief Commissioner, Income Tax, Karnataka. The Court also suggested that the State Government consider awareness measures and guidelines for registering authorities in transactions involving senior citizens.
Cause Title: Drakshayini @ Girija & Anr. v. Assistant Commissioner and Sub Divisional Magistrate & Anr. (Neutral Citation: 2026:KHC:58865).
Appearances:
Petitioners: Advocate Sachin B.S.
Respondents: Mohammed Jafar Shah, AGA, Advocate Azhar Ali.